Quantcast
Home / 2010 / March (page 33)

Monthly Archives: March 2010

Criminal – Sentencing – Amendment 706 – Career Offender Status (access required)

A drug defendant’s sentence is vacated and remanded for the district court to consider his motion for a reduced sentence under 18 U.S.C. § 3582(c)(2), which the district court refused to consider because defendant had been designated a career offender ...

Read More »

Civil Rights – Excessive Force – Gambling Arrest – Immunity – Interlocutory Appeal (access required)

The 4th Circuit dismisses a police officer’s interlocutory appeal of an order denying him qualified immunity in the fatal shooting of a Fairfax optometrist during his arrest on illegal gambling charges, and his estate’s cross-appeal of the district court order ...

Read More »

Criminal – Sentencing – Rule 35 Reduction – Amendment 706 (access required)

Declining to follow two of its own unpublished opinions, the 4th Circuit holds that a district court has authority to consider sentences below the federal sentencing guidelines, with Amendment 706’s modification of offense levels for cocaine base, even though the ...

Read More »

Contract – Securities Dealers – Arbitration Award – Vacatur (access required)

In a “rare” move, the 4th Circuit upholds vacatur of an NASD arbitration award of compensatory damages to three Raymond James financial advisors from Richmond who alleged wrongful termination by the financial services firm. On appeal, appellants argue that when ...

Read More »

Who you gonna call?

When disputes arise at depositions, as they often do, lawyers will threaten to get the judge on the line to decide who’s right and who’s wrong. A discussion at last week’s bench-bar conference in Roanoke made one thing clear – ...

Read More »

Kelly Combs Necessary (access required)

Tazewell lawyer Kelly Noel Combs Necessary died Feb. 14 after a battle with breast cancer. She was 42. A 1990 graduate of James Madison University, she earned her law degree from the University of Richmond in 1994. She clerked in ...

Read More »

Thomas P. Mains Jr. (access required)

Northern Virginia lawyer Thomas P. Mains Jr. died Jan. 17. He was 75. A graduate of Williams College, he earned his law degree from the Washington College of Law at American University then went into practice in Alexandria. Initially a ...

Read More »

Baby suffers from cerebral palsy after late c-section – $1,600,000 Settlement (access required)

This matter involved the labor and delivery of a female infant in January 2006. During the 39-year-old mother’s labor, the treatment team continued to administer, and increase the dosage of, pitocin to stimulate uterine contractions despite non-reassuring fetal heart tones. ...

Read More »

UIM coverage is key to road rage settlement – $850,000 Settlement (access required)

The case stemmed from a road rage or reckless driving incident between defendants Altimus and Greer. The plaintiff was involuntarily in the middle of it. There was limited coverage and the passengers in the Altimus car were killed and claims ...

Read More »